Brazil's STJ rules racial injury causes presumed moral damage

The Superior Tribunal de Justiça (STJ) has ruled that racial injury constitutes presumed moral damage (in re ipsa), meaning compensation does not require specific proof of psychological suffering. The court determined that offenses based on race, color, ethnicity, or origin inherently damage a victim's honor, dignity, and identity, making the requirement to prove emotional distress an incompatible burden for the victim.

In this specific case, the 5th Chamber of the STJ overturned a decision by the Minas Gerais Court of Justice, which had previously required specific evidence of harm to award damages. The STJ ruled that the act of using racial characteristics as an instrument of inferiority is itself the injury, and the damage is finalized the moment the victim is stigmatized by such attributes.